20100702Amendment.pdf

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20575 NW Von Neumann DR
Hilsboro, OR 97076
July i, 2010
Ms. Jean Jewell, Secretar
Idaho Public Utilities Commission
P.O. Box 83720
Boise, ID 83720-0074 ~
Re: GTE- T -00-06 - Amendment No.X to the interconnection agreement between Verizon
Northwest Inc. and New Edge Network, Inc. d//a New Edge Networks
Dear Ms. Jewell:
Attached please fid an original plus three copies of Amendment No.7to the interconnection
agreement between Verizon Nortwest Inc. and New Edge Network, Inc. d//a New Edge
Networks.
If you have any questions concerning this fiing, please contact me at 972-456-755 i.
Sincerely,
Kim Douglass
Senior Staf Consultant - Regulatory
Enclosure
..,
AMENDMENT NO.2
TO THE
INTERCONNECTION AGREEMENT
BETWEEN
VERIZON NORTHWEST INC.,
F/KJA GTE NORTHWEST INCORPORATED
AND
NEW EDGE NETWORK, INC. D/B/A NEW EDGE NETWORKS
This Amendment NO.2 (the "Amendment') is made by and between Verizon Northwest
Inc., flk/a GTE Northwest Incorporated ("Verizon"), a Washington corporation with offces at 1800
41st Street, Everett, WA 98201, and New Edge Network, Inc. d/b/a New Edge Networks, a
corporation with offces at 3000 Columbia House Blvd., Suite 106, Vancouver, Washington 98661
("New Edge"), and shall be deemed effective on June 25, 2010 (the "Amendment Effective
Date"). Verizon and New Edge are hereinafter referred to collectively as the "Parties" and
individually as a "Part". This Amendment covers services in Verizon's service territory in the
State of Idaho (the "State").
WITNESSETH:
WHEREAS, Verizon and New Edge are Parties to an Interconnection Agreement under
Sections 251 and 252 of the Communications Act of 1934, as amended (the "Act') dated March
27,2000 (the "Agreement"); and
WHEREAS, the Federal Communications Commission (the "FCC") released an order on
August 21,2003 in CC Docket Nos. 01-338, 96-98, and 98-147 (the "Triennial Review Ordet' or
"TRO"), which became effective as of October 2, 2003; and
WHEREAS, on March 2, 2004, the U.S. Court of Appeals for the District of Columbia
Circuit (the "D.C. Circuit') issued a decision affrming in part and vacating in part the TRO (the
"D.C. Circuit Decision"); and
WHEREAS, on August 20, 2004, the FCC released an Order in WC Docket No. 04-313
and CC Docket No. 01-338 (the "Interim Rules Ordet' setting forth certain interim rules regarding
the temporary reinstatement of unbundling obligations for certain network elements with respect
to which the D.C. Circuit Decision holds that the FCC has made no lawful impairment finding
under Section 251 of the Act; and
WHEREAS, on February 4, 2005, the FCC released an Order on Remand in WC Docket
No. 04-313 and CC Docket No. 01-338 (the "TRRO") setting forth rules that supplanted, effective
March 11, 2005, the temporary rules set forth in the Interim Rules Order and addressing the
remanded issues raised in the D.C. Circuit Decision; and
New Edge ID TRRO Amendment 061110
WHEREAS, in light of the foregoing developments, the Parties, pursuant to Section
252(a) of the Act, wish to amend the Agreement in order to give contractual effect to the
provisions set forth herein; and
NOW, THEREFORE, in consideration of the promises and mutual agreements set fort
herein, the Parties agree to amend the Agreement as follows:
1. Amendment to Agreement. The Agreement is amended to include the following
provisions and the Pricing Attachment to this Amendment (including Exhibit A) attched
hereto, all of which shall apply to and be a part of the Agreement notwithstanding any
other provision of the Agreement or a Verizon tariff or a Verizon Statement of Generally
Available Terms and Conditions ("SGAT').
2. General Conditions.
2.1 Notwithstanding any other provision of the Agreement, this Amendment, or any
Verizon tariff or SGAT: (a) Verizon shall be obligated to provide accss to
unbundled Network Elements ("UNEs"), combinations of unbundled Network
Elements ("Combinations"), or UNEs commingled with wholesale services
("Commingling") to New Edge under the terms of this Amendment only to the
extent required by both 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51, and (b)Verizon may decline to provide access to UNEs, Combinations, or Commingling
to New Edge under the terms of this Amendment to the extent that provision of
access to such UNEs, Combinations, or Commingling is not required by 47
U.S.C. § 251 (c)(3) or is not required by 47 C.F.R Part 51.
2.2 To the extent Verizon is required to provide a UNE, Combination, or
Commingling under this Amendment, New Edge may use such UNE,
Combination, or Commingling only for those purposes for which Verizon is
required by 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51 to provide such UNE.
Combination, or Commingling to New Edge.
2.3 Notwithstanding any other provision of the Agreement, this Amendment, or any
Verizon tariff or SGAT, to the extent Verizon becomes obligated to provide to
New Edge pursuant to both 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51 a
Discontinued Facilty or a UNE, Combination, or Commingling that, as of the
Amendment Effective Date, Verizon is not required to provide to New Edge under
the Amended Agreement, 47 U.S.C. § 251 (cX3), and 47 C.F.R. Part 51 , the
rates, terms, conditions for such Discontinued Facilty, UNE, Combination, or
Commingling shall be as provided in an applicable Verizon tariff that Verizon,
after the Amendment Effectve Date, establishes or revises to provide for such
rates, terms, and conditions, or (in the absence of an applicable Verizon tariff that
Verizon, after the Amendment Effective Date, establishes or revises to provide
for such rates, terms, and conditions) as mutually agreed by the Parties in a
written amendment to the Amended Agreement.
2.4 Discontinued Facilities
2.4.1 Generally
2.4.1.1 Notwithstanding any other provision of the Agreement, ths
Amendment, or any Verizon tari or SGAT, Verizon shall
not be obligated to offer or provide access on an
unbundled basis at rates prescribed under Section 251 of
the Act to any facilty that is or becomes a Discontinued
New Edge ID TRRO Amendment 061110 2
2.4.1.2
2.4.1.3
2.4.1.4
2.4.1.5
New Edge 10 TRRO Amendment 061110
Facilty, whether as a stand-alone UNE, as part of a
Combination, or otherwise. To the extent Verizon has not
already ceased providing a particular Discontinued Facilty
to New Edge, Verizon, provided it has given at least ninety
(90) days written notice of discontinuance of such
Discontinued Facility, wil continue to provide such
Discontinued Facilty under the Amended Agreement only
through the effective date of the notice of discontinuance,
and not beyond that date.
To the extent a facility is (or becomes) a Discontinued
Facilty only as to new orders that New Edge may place
for such a facility, Verizon, to the extent it has not already
discontinued its acceptance of such new orders and
provided it has given at least ninety (90) days written
notice in cases where it has not already discontinued its
acceptance of such new orders, may reject such new
orders on the effective date of the notice of discontinuance
and thereafter. Verizon may, but shall not be required to,
issue the foregoing notice in advance of the date on which
the facilty shall become a Discontinued Facilty as to new
orders that New Edge may place, so as to give effect to
Verizon's right to reject such new orders immediately on
that date.
The Parties acknowledge that Verizon, prior to the
Amendment Effective Date, has provided New Edge with
any required notices of discontinuance of certain
Discontinued Facilties, and that Verizon, to the extent it
has not already done so pursuant to a pre-existing or
independent right it may have under the Agreement, a
Verizon SGAT or tariff, or otherwise, may, at any time and
without further notice to New Edge, cease providing any
such Discontinued Facilities.
Notwithstanding any other provision of the Amended
Agreement, New Edge shall not order a UNE or
combination of UNEs where the order would conflict with a
non-impaired Wire Center designation set forth in a list of
non-impaired Wire Centers that Verizon makes or has
made available to New Edge by noti and/or by
publication on Verizon's wholesale website or that
otherwise conflicts with the non-impairment criteria set
forth in the TRRO (including, but not limited to, the caps
on the number of DS1 and DS3 Loops and DS1 and DS3
Transport circuits that Verizon is required to provide on an
unbundled basis), and Verizon, without first seeking
dispute resolution under Paragraph 234 of the TRRO, may
reject any such orders that New Edge submits.
If, New Edge, inadvertently or otherwise, submits to
Verizon an order that conflicts with Section 2.4.1.4 above
and Verizon, inadvertently or otherwise, provisions the
order on a Section 251 UNE basis, then upon thirt (30)
days notice from Verizon the subject service, facilty or
arrangement shall be converted (or, in Verizon's sole
3
discretion, reprice in lieu of actual conversion unti such
time as Verizon elects to convert) to an analogous service,
facilty, or arrangement that is available under Verizon's
interstate special access tariff (Le., on the rates, terms,
and conditions that apply for a month-to-onth term,
unless at the time New Edge placed the subject
disallowed order New Edge was subscribed to an
applicable special accss term/volume plan or other
applicable special access tariff arrangement, in which
case the rates, terms, and conditions of plan or
arrangement shall apply) or, in the case of Dark Fiber
Transport, the analogous commercial serice as
determined by Verizon in its sole discretion (the
"Replacement Terms"). The Replacement Terms shall
apply retroactively to the date of provisioning of the
subject service, facilty, or arrangement, and shall apply
prospectively from that date until such time as different
rates, terms, and conditions become effective under an
available alternatie service, facilty, or arrangement that
New Edge validly requests. Without limiting Verizon's
rights or New Edge's obligations under this section, New
Edge shall cooperate with Verizon in implementing the
requirements of this section and shall promptly submit any
access service request ("ASR") (or other transaction type
upon which the Parties mutually agree) that may be
needed, and take such other action as may be needed, to
implement the requirements of this section.
2.4.1.6 This Section 2.4 is intended to limit any obligation Verizon
might otherwise have to provide to New Edge (or to notify
New Edge of the discontinuance of) any facilty that is or
becomes a Discontinued Facilty, and nothing contained in
this Section 2.4 or elsewhere in this Amendment shall be
deemed to establish in the first instance or to extend any
obligation of Verizon to provide any facility or Discontinued
Facilty. This Section 2.4 shall apply notwithstanding
anything contained in the Agreement, this Amendment, or
any Verizon tariff or SGAT, but without limiting any other
right Verizon may have under the Agreement, this
Amendment, or any Verizon tariff or SGAT to cease
providing a facility that is or becomes a Discontinued
Facilty.
2.4.2 Continuation of Facilties Unde Separate Arrangement. To the extent
New Edge wishes to continue to obtain access to a Discontinued
Facilty under a separate arrangement (e.g., a separate agreement at
market-based rates, an arrangement under a Verizon access tariff, or
resale), New Edge shall have promptly undertaken and concluded
such efforts as may be required to secure such arrangement pri to
the date on which Verizon is permitted to cease providing the
Discontinued Facility; provided, however, that in no event shall New
Edge's failure to secure such an arrangement affect Verizon's right to
cease providing a facilty that is or becomes a Discontinued Facility. If
Verizon is permitted to cease providing a Discontinued Facility under
this Section 2.4 and New Edge has not submitted an LSR or ASR, as
appropriate, to Verizon requesting disconnection of the Discontinued
New Edge 10 TRRO Amendment 061110 4
Facilty and has not separately secured from Verizon an alternative
arrangement to replace the Discotinued Facilty, then Verizon, to the
extent it has not already done so prior to execution of this Amendment,
shall convert the subject Discontinued Facilty to, or (until such time as
Verizon in its sole discretion elect to conver) reprice the subject
Discontinued Facilty by application of a new rate (or, in Verizon's sole
discretion, by application of a surcharge) to be equivalent to, the
access, resale, or other analogous arrangement that Verizon shall
identify in a written notice to New Edge. The rates, terms, and
conditions of any such arrangements shall apply and be binding upon
New Edge as of the date specified in the wrien notice issued by
Verizon. The Parties acknowledge that Verion has, in such written
notices issed to New Edge prior to the Amendment Effective Date,
identified such arrangements to replace certin Discontinued Facilities
and that Verizon, to the extent it has not already done so, may
implement such arrangements without furter notice.
2.4.3 Limitation With Respect to Replacement Arrngements.
Notwithstanding any other provision of this Amended Agreement, any
negotiations regarding any replacement arrangement or other facility
or service that Verizon is not required to provide under the Federal
Unbundling Rules shall be deemed not to have been conducted
pursuant to the Amended Agreement, 47 U.S.C. § 252(a)(1), or 47
C.F.R Par 51, and shall not be subject to arbitration pursuant to 47
U.S.C. § 252(b). Any reference in this Amended Agreement to
Verizon's provision of a facility, serice, or arrangement that Verizon is
not required to provide under the Federal Unbundling Rules is solely
for the convenience of the Parties and shall not be construed to
require or permit arbitration of such rates, terms, or conditions
pursuant to 47 U.S.C. § 252(b).
2.4.4 Pre-Existing and Independent Discntinuance Rights. Verizon's rights
as to discontinuance of Discontinued Facilities pursuant to this Section
2.4 are in addition to, and not in limitation of, any rights Verizon may
have as to discontinuance of Discontinued Facilties under the
Agreement a Verizon tariff or SGAT, or otherise. Nothing contained
herein shaD be construed to prohibit, limit, or delay Verizon's exercise
of any pre-xisting or independent right it may have under the
Agreement. a Verizon tariff or SGAT, or otherwise to cease providing a
Discontinued Facilty.
2.4.5 Implementtion of Rate Changes. Notwithstanding any other provision
of the Amended Agreement (including, but not limited to, the rates and
charges set forth therein), Verizon may, but shall notberequired to,
implement any rate increases or new charges that may be established
by the FCC in the TRRO or subsequent orders for unbundled network
elements, combinations of unbundled network elements, or related
services, by issuing to New Edge a notice of such rate increases
and/or new charges, provided that the rate provisions of such FCC
orders are not subject to a stay issued by any court of competent
jurisdiction. Any such rate increass or new charges shall take effect
on the date indicated in the notice issued by Verizon, but no earlier
than the date established by the FCC, and shall be paid by New Edge
in accordane with the terms of the Amended Agreement. Verizon
may, but shall not be required to, use a true-p to apply the rate
increases or new charges effective as of the date indicated in the
New Edge 10 TRRO Amendment 061110 5
notice issued by Verizon. The Parties acknowledge that Verizon, prior
to the Amendment Effective Date, may have provided New Edge such
a notice( s) identifying rate increases or new charges for certin
Discontinued Facilties, and that no further notice is required for those
rate increases or new charges to take effect. Any such rate increases
and new charges that the FCC may establish shall be in addition to,
and not in limitation of, any rate increases and new charges that the
Idaho Public Utliies Commission may approve or that Verizon may
otherwise implement under the Amended Agreement or applicable
tariffs. Nothing set forth in this Section 2.4.5 shall be deemed an
admission of Verizon (including, but not limited to, as to whether this
Amendment is required in order for Verizon to charge the FCC-
prescribed rate increases and new charges described herein) or limit
Verizon's right to appeal, seek reconsideration of, or otherwise seek to
have stayed, modified, reversed, or invalidated any limit the FCC may
impose on Veñzon's rates and charges.
3. Provision of Certain Facilties and Services.
3.1 FTTP Loops
3.1.1 FTTP Loops - Greenfields. Notwithstanding any other provision of the
Amended Agreement or any Verizon tariff or SGAT, and for the
avoidance of doubt, in no event shall New Edge be entitled to obtain
access to an FTP Loop (or any segment or functionality thereof) on
an unbundled basis where Verizon has deployed such a Loop to the
customer premises of an end user that previously was not served by
any Verizon Loop other than an FTTP Loop.
3.1.2 FTP Loops - Overbuilds. Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon tariff or SGAT, if (a) Verizon deploys an FTTP
Loop to replace a copper Loop previously used to serve a particular
end user's customer premises, and (b) Verizon retires that copper loop
and there are no other available copper Loops or Hybrid Loops for
New Edge's provision of a voice grade service to that end user's
customer premises, then in accordance with, but only to the extent
required by, 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51, Verizon
shall provide Ne Edge with nondiscriminatory access on an
unbundled basi to a transmission path capable of providing DSO
voice grade seivice to that end usets customer premises.
3.2 Hybrid Loops.
3.2.1 Packet Switched Features, Functions, and Capabilties.
Notwithstanding any other provision of the Amended Agreement or
any Verizon Tarff or SGAT, New Edge shall not be entitled to obtain
access to the Packet Switched features, functions, or capabilties of
any Hybrid Loop on an unbundled basis.
3.2.2 Broadband Serces. Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, when New Edge seeks access
to a Hybrid Loo for the provision of "broadband services," as such
term is defined by the FCC, then in accordance with, but only to the
extent required by, 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51,
New Edge 10 TRRO Amendment 061110 6
Verizon shall provide New Edge with unbundled access under the
Amended Agreement to the existing time division multiplexing
features, functions, and capabilties of that Hybrid Loop (but no
features, functions or capabilties used to transmit packetized
information) to establish a complete time division multiplexing
transmission path between the main distribution frame (or equivalent)
in a Verizon wire center serving an end user to the demarcation point
at the end user's customer premises.
3.2.3 Narrowband Serves. Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, when New Edge seeks access
to a Hybrid Loop for the provision to its customer of "narrowband
services," as such term is defined by the FCC, then in accordance
with, but only to the extent required by, 47 U.S.C. § 251 (c)(3) and 47
C.F.R. Part 51, Verizon shall, in its sole discretion, either (a) provide
access under the Amended Agreement to a spare home-run copper
Loop seing that customer on an unbundled basis, or (b) provide
access under the Amended Agreement, on an unbundled basis, to a
DSO voi-grade transmission path between the main distribution
frame (or equivalent) in the end user's serving wire center and the end
user's customer premises, using time division multiplexing technology.
3.2.4 IDLC Hybrid Loops. Notwithstanding any other provision of the
Amended Agreement (but subject to and without limiting Section 2
above) or any Verizon Tariff or SGAT, if New Edge requests, in order
to provide narrowband services, unbundling of a 2 wire analog or 4
wire analog Loop currently provisioned via Integrated Digital Loop
Carrier (over a Hybrid Loop), Verizon shall, as and to the extent
required by 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51, provide New
Edge unbundled accss to a Loop capable of voice-grade service to
the end user customer served by the Hybrid Loop.
3.2.4.1
3.2.4.2
New Edge 10 TRRO Amendment 061110
Verizon wil endeavor to provide New Edge with an
existing copper Loop or a Loop served by existing
Universal Digital Loop Carrier ("UDLC"). Standard
recurrng and non-recurring Loop charges wil apply. In
addition, a non-recrring charge wil apply whenever a line
and station transfer is performed.
If neither a copper Loop nor a Loop served by UDLC is
available, Verizon shall, upon request of New Edge,
constrct the necessary copper Loop or UDLC facilties.
In addition to the rates and charges payable in connection
with any unbundled Loop so provisioned by Verizon, New
Edge shall be responsible for the following charges: (a)
an engineering query charge for preparation of a price
quote; (b) upon New Edge's submission of a firm
construction order, an engineering work order
nonrecurring charge; and (c) construction charges, as set
forth in the price quote. If the order is cancelled by New
Edge after construction work has started, New Edge shall
be responsible for cancellation charges and a pro-rated
charge for construction work performed prior to the
cancellation.
7
3.2.4.3
3.3 Sub-Loop.
Verizon may exclude its performance in connection with
providing unbundled Loops pursuant to this Section 3.2.4
from standard provisioning intervals and performance
measures and remedies, if any, contained in the Amended
Agreement or elsewhere.
3.3.1 Distribution Sub-Loop Faciltv. Notwithstanding any other provision of
the Amended Agreement (but subject to the conditions set forth in
Section 2 above) or any Verizon tariff or SGAT, in accordance with,
but only to the extent required by, 47 U.S.C. § 251 (c)(3) and 47 C.F.R.
Part 51, upon site-specific request, New Edge may obtain access to
the Distribution Sub-Loop Facilty at a technically feasible accss point
located near a Verizon remote terminal equipment enclosure at the
rates and charges provided for Unbundled Sub-Loop Arrangements
(or the Distribution Sub-Loop) in the Amended Agreement. It is not
technically feasible to access the sub-loop distribution facilty if a
technician must access the facility by removing a splice case to reach
the wiring within the cable.
3.4 Commingling and Combinations.
3.4.1 Commingling. Notwithstanding any other provision of the Amended
Agreement (but subject to and without limiting the conditions set forth
in Section 2 above and in Section 3.4.2 below) or any Verizon tariff or
SGAT:
3.4.1.1
New Edge 10 TRRO Amendment 061110
Verizon wil not prohibit the commingling of an unbundled
Network Element or a combination of unbundled Network
Elements obtained under the Agreement or Amended
Agreement pursuant to 47 U.S.C. § 251 (c)(3) and 47
C.F.R Part 51, or under a Verizon UNE tariff ("Qualifying
UNEs"), with wholesale services obtained from Verizon
under a Verizon access tariff or separate non-251
agreement ("Qualifying Wholesale Services"), but only to
the extent and so long as commingling and provision of
such Network Element (or combination of Networ
Elements) is required by 47 U.S.C. § 251(cX3) and 47
C.F.R Part 51. Moreover, to the extent and so long as
required by 47 U.S.C. § 251 (cX3) and 47 C.F.R. Part 51
(subject to Section 3.4.1.2 below), Verizon shall, upon
request of New Edge, perform the functions necessary to
commingle or combine Qualifying UNEs with Qualifying
Wholesale Services. The rates, terms and conditions of
the applicable access tariff or separate non-251
agreement wil apply to the Qualifying Wholesale
Services, and the rates, terms and conditions of the
Amended Agreement or the Verizon UNE tariff, as
applicable, will apply to the Qualifying UNEs; provided,
however, that a nonrecurring charge wil apply for each
UNE circuit that is part of a commingled arrangement, as
set forth in the Pricing Attachment to this Amendment.
This charge is intended to offset Verizon's costs of
implementing and managing commingled arrangements.
"Ratcheting," as that term is defined by the FCC, shall not
8
be required. Qualifying UNEs that are commingled with
Qualifying Wholesale Services are not included in the
shared use provisions of the applicable tariff. Verizon may
exclude its performance in connection with the
provisioning of commingled facilties and services from
standard provisioning intervals and from performance
measures and remedies, if any, contained in the Amended
Agreement or elsewhere.
3.4.1.2 Limitations on Section 3.4. Section 3.4 is intended only to
address the Parties' rights and obligations as to the
combining and/or commingling of UNEs that Verizon is
already required to provide to New Edge under the
Amended Agreement, 47 U.S.C. § 251(cX3), and 47
C.F.R Part 51. Nothing contained in Section 3.4 shall be
deemed: (a) to establish any obligation of Verizon to
provide New Edge with access to any facilty that Verizon
is not required to provide to New Edge on an unbundled
basis under the Amended Agreement, 47 U.S.C. §
251 (c)(3), and 47 C.F.R Part 51, or (b) to limit any right of
Verizon under the Amended Agreement, any Verizon tariff
or SGAT, or otherwise, to cease providing a facilty that is
or becomes a Discontinued Facilty.
3.4.2 Service Eligibility Criteria for Certain Combinations and Commingled
Facilties and Services. Notwithstanding any other provision of the
Agreement, this Amendment (but subject to the conditions set forth in
Sections 2 and 3.4.1 above), or any Verizon tariff or SGAT:
3.4.2.1 Verizon shall not be obligated to provici:
3.4.2.1.1 an unbundled DS1 Loop in cobination with
unbundled DS1 or DS3 Dedicated Transport, or
commingled with DS1 or DS3 access services;
3.4.2.1.2 an unbundled DS3 Loop in cobination with
unbundled DS3 Dedicated Transport, or
commingled with DS3 access services;
3.4.2.1.3 unbundled DS1 Dedicated Transport
commingled with DS1 channel termination
access service;
3.4.2.1.4 unbundled DS3 Dedicated Transport
commingled with DS1 channel termination
access service; or
3.4.2.1.5 unbundled DS3 Dedicated Transport
commingled with DS3 channel terminationservice, .
(individually and collectively "High Capacity EELs") exceptto the extent and so long as Verizon is reuired by 47
U.S.C. § 251 (cX3) and 47 C.F.R Part 51 to do so, and
then not unless and unti New Edge cefies in writing
New Edge 10 TRRO Amendment 061110 9
3.4.2.2
3.4.2.3
New Edge 10 TRRO Amendment 061110
(using an ASR or, as applicable, LSR) to Verizon for each
DS1 circuit or DS1 equivalent circuit that it is in
compliance with each of the serice eligibility criteria set
forth in 47 C.F.R. § 51.318. New Edge must remain in
compliance with said service eligibilty criteria for so long
as New Edge continues to recve the aforementioned
combined or commingled facilties and/or services from
Verizon. The service eligibilty criteria shall be applied to
each DS1 circuit or DS1 equivalent circuit. If the circuit is,
becomes, or is subsequently determined to be,
noncompliant, the noncompliant circuit wil be treated as
described in Section 3.4.2.2 below. The foregoing shall
apply whether the circuits in question are being
provisioned to establish a new circuit or to convert an
existing wholesale service, or any part thereof, to
unbundled network elements. For existing circuits, the
CLEC must re-certify in writing (i.e., ASR or, as applicable,
LSR) for each DS1 circuit or DS1 equivalent within 30
days of the Amendment Effective Date. Circuits not re-
certified shall be treated as described in Section 3.4.2.2
below.
Without limiting any other right Verizon may have to cese
providing circuits that are or become Discontinued
Facilties, if a circuit is or becomes noncompliant as
described in Section 3.4.2.1 above. and New Edge has
not submitted an LSR or ASR, as appropriate, to Verizon
requesting disconnection of the noncompliant facility and
has not separately secured from Verizon an alternative
arrangement to replace the noncompliant circuit. then
Verizon, to the extent it has not already done so prior to
execution of this Amendment, shall reprice the subject
circuit, effective beginning on the date on which the circuit
became non-compliant, by application of a new rate (or, in
Verizon's sole discretion, by application of a surcharge to
an existing rate) to be equivalent to an analogous access
service or other analogous arrangement that Verizon shall
identify in a written notice to New Edge. Any negotiations
regarding any replacement arrangement or other facilty or
service that Verizon is not required to provide to New
Edge under both 47 C.F.R 251(c)(3) and 47 C.F.R. Part
51 shall be deemed not to have been conducted pursuant
to the Amended Agreement, 47 U.S.C. § 252(a)(1), or 47
C.F.R Part 51, and shall not be subject to arbitration
pursuant to 47 u.s.è. § 252(b). .
Each written certification to be provided by New Edge
pursuant to Section 3.4.2.1 above must contain the
following information for each DS1 circuit or DS1
equivalent: (a) the local number assigned to each DS1
circuit or DS1 equivalent; (b) the local numbers assigned
to each DS3 circuit (must have 28 local numbers assigned
to it); (c) the date each circuit was established in the
911/E911 database; (d) the collocation termination
connecting facilty assignment for each circuit, showing
that the collocation arrangement was established pursuant
10
3.4.2.4
3.4.2.5
3.4.2.6
3.4.2.7
New Edge 10 TRRO Amendment 061110
to 47 U.S.C. § 251 (c)(6), and not under a federal
collocation tariff; (e) the interconnection trunk circuit
identification number that serves each DS1 circuit. There
must be one such identification number per every 24 DS1
circuits; and (f) the local switch that serves each DS1
circuit. When submitting an ASR for a circuit, this
information must be cotained in the Remarks section of
the ASR, unless provisions are made to populate other
fields on the ASR to capture this information.
The charges for conversions are as specified in the
Pricing Attachment to this Amendment and apply for each
circuit converted.
All ASR-driven converson requests wil result in a change
in circuit identification (circuit 10) from access to UNE or
UNE to access. If such change in circuit 10 requires that
the affected circuit(s) be retagged, then a retag fee per
circuit wil apply as specified in the Pricing Attachment.
All requests for conversions wil be handled in accordance
with Verizon's conversin guidelines. Each request wil be
handled as a project and wil be excluded from all ordering
and provisioning metrics.
Once per calendar year, Verizon may obtain and pay for
an independent auditor to audit New Edge's compliance in
all material respects with the service eligibilty crteria
applicable to High Capacity EELs. Any suCh audit shall be
performed in accordance with the standards established
by the American Institute for Certified Public Accountants,
and may include, at Verzon's discretion, the examination
of a sample selected in accordance with the independent
auditor's judgment. To the extent the independent
auditor's report concludes that New Edge failed to comply
with the service eligibilty criteria for any DS1 or DS1
equivalent circuit, then (without limiting Verizon's rights
under Section 3.4.2.2 above) New Edge must convert all
noncompliant circuits to the appropriate service, true up
any difference in payments, make the correct payments
on a going-forward basi, reimburse Verizon for the entire
cost of the audit within thirt (30) days after receiving a
statement of such costs from Verizon. Should the
independent auditor confirm New Ecige's complnce with
the service eligibilty criteria for each DS1 or DS1
equivalent circuit, then New Edge shall provide to the
independent auditor for its verification a statemet of New
Edge's out-of-pocket costs of complying with any requests
of the independent auditor, and Verizon shall thn
reimburse New Edge for its out-of-pocket costs within
thirt (30) days of the auditor's verification of the same.
New Edge shall maintain records adequate to suppor it
compliance with the service eligibilty criteria for each 081
or DS1 equivalent circui for at least eighteen (18) month
after the service arrangement in question is terminated.
11
3.5 Routine Network Modifications.
3.5.1 General Conditions. In accrdance with, but only to the extent
required by, 47 U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51, and subjectto the conditions set fort in Section 2 above:
3.5.1.1 Verizon shall make such routine network modifications, at
the rates and charges set forth in the Pricing Attachment
to this Amendment, as are necessary to permit access by
New Edge to the Loop, Dedicated Transport, or Dark Fiber
Transport facilties available under the Amended
Agreement (including DS1 Loops and DS1 Dedicated
Transport, and DS3 Loops and DS3 Dedicated Transport),
where the facilty has already been constructed. Routine
network modifications applicble to Loops or Transport
may include, but are not limited to: rearranging or splicing
of in-place cable at existing splice points; adding an
equipment case; adding a doubler or repeater; installng a
repeater shelf; deploying a new multiplexer or
reconfiguring an existing multiplexer; accessing manholes;
and deploying bucket trucks to reach aerial cable.
Routine network modifications applicable to Dark Fiber
Transport may include, but are not limited to, splicing of in-
place dark fiber at existing splice points; accssing
manholes; deploying bucket trucks to reach aerial cable;
and routine activities, if any, needed to enable New Edge
to light a Dark Fiber Transport facility that it has obtained
from Verizon under the Amended Agreement. Routine
network modifications do not include the construction of a
new Loop or new Transpor facilties, trenching, the pullng
of cable, the installation of new aerial, buried, or
underground cable for a requesting telecommunications
carrer, or the placement of new cable. Verizon shall not
be required to build any time division multiplexing (TOM)
capabilty into new packet-based networks or into existing
packet-based networks that do not already have TOM
capabilty. Verizon shall not be required to perform any
routine network modifications to any facility that is or
becomes a Discontinued Facilty.
3.5.2 Performance Plans. Verizon may exclude its performance in
connection with the provisioning of Loops or Transport (including Dark
Fiber Transport) for which routine network modifications are performed
from standard provisioning intervals and performance measures and
remedies, if any, contained in the Amended Agreement or elsewhere.
3.5.3 Nothing contained in this Section 3.5 shall be deemed: (a) to establish
any obligation of Verizon to provide on an unbundled basis under 47
U.S.C. § 251 (c)(3) and 47 C.F.R. Part 51 any facilty that the Amended
Agreement does not otherwise require Verizon to provide on an
unbundled basis under 47 U.S.C. § 251(c)(3) and 47 C.F.R Part 51,
(b) to obligate Verizon to provide on an unbundled basis under 47
U.S.C. § 251 (cX3) or 47 C.F.R. Part 51, for any period of time not
required under the Amended Agreement, access to any Discontinued
Facilty, or (c) to limit any right of Verizon under th Amended
New Edge 10 TRRO Amendment 061110 12
Agreement, any Verizon tariff or SGAT, or otherwise, to cease
providing a Discontinued Facility.
4. Miscellaneous Provisions.
4.1 Conflct between this Amendment and th Agreement. This Amendment shall be
deemed to revise the terms and provisions of the Agreement to the extent
necessary to give effect to the terms and provisions of this Amendment. In the
event of a conflict between the terms and provisions of this Amendment and the
terms and provisions of the Agreement this Amendment shall govern, provided,
however, that the fact that a term or provision appears in this Amendment but not
in the Agreement, or in the Agreement but not in this Amendment, shall not be
interpreted as, or deemed grounds for finding, a conflict for purposes of this
Section 4.1.
4.2 Counterparts. This Amendment may be executed in one or more counterparts,
each of which when so executed and delvered shall be an original and all of
which together shall constitute one and the same instrument.
4.3 Captions. The Parties acknowledge that the captions in this Amendment have
been inserted solely for convenience of reference and in no way define or limit
the scope or substance of any term or provision of this Amendment.
4.4 Scope of Amendment. This Amendment shall amend, modify and revise the
Agreement only to the extent set forth expressly herein. As used herein, the
Agreement, as revised and supplemented by this Amendment, shall be referred
to as the "Amended Agreement." Nothing in this Amendment shall be deemed to
amend or extend the term of the Agreement, or to affect the right of a Part to
exercise any right of termination it may have under the Agreement.
4.5 Reservation of Rights. Notwitstanding any contrary provision in the Agreement,
this Amendment, or any Verizon tariff or SGAT, nothing contained in the
Agreement, this Amendment, or any Verion tariff or SGAT shall limit either
Part's right to appeal, seek reconsideration of or otherwise seek to have stayed,
modified, reversed or invalidated any order, rule, regulation, decision, ordinance
or statute issued by the Idaho Public Utilites Commission, the FCC, any court or
any other governmental authority related to, concerning or that may affect either
Part's rights or obligations under the Agreement, this Amendment, any Verizon
tariff or SGAT, or Applicable law.
4.6 Joint Work Product. This Amendment is a joint work product, and any
ambiguities in this Amendment shall not be construed by operation of law against
either Part.
4.7 Definitions. Notwithstanding any other prvision in the Agreement or any Verizon
tariff or SGAT, the following terms, as used in the Amended Agreement, shall
have the meanings set forth below:
4.7.1 Call-Related Databases. Databases, other than operations support
systems, that are used in signaling networks for billing and collection,
or the transmission, routing, or other provision of a
telecommunications service. Call-related databases include, but are
not limited to, the callng name database, 911 database, E911
database, line information database, toll free callng database,
New Edge 10 TRRO Amendment 061110 13
advanced intellgent network databases, and downstream number
portability databases.
4.7.2 Dark Fiber Loop. Consists of fiber optic strande s) in a Verizon fiber
optic cable between Verizon's accessible terminal, such as the fiber
distribution frame, or its functional equivalent, located within a Verizon
wire center, and Verizon's accessible terminal located in Verion's
main termination point at an end user customer premises, such as a
fiber patch panel, and that Verizon has not activated through
connection to electronics that "light' it and render it capable of carrying
telecommunications services.
4.7.3 Dark Fiber Transport. An optical transmission facilty within a LATA,
that Verizon has not activated by attaching multiplexing, aggregation
or other electronics, between Verizon switches (as identified in the
LERG) or wire centers. Dark fiber facilities between (i) a Verizon wire
center or switch and (ii) a switch or wire center of New Edge or a third
part are not Dark Fiber Transport.
4.7.4 Dedicated Transport. A DS1 or DS3 transmission facilty between
Verizon switches (as identified in the LERG) or wire centers, within a
LATA, that is dedicated to a particular end user or carrier.
Transmission facilties or services provided between (i) a Verizon wire
center or switch and (ii) a switch or wire center of New Edge or a third
part are not Dedicated Transport.
4.7.5 Discontinued Facility. Any facilty that Verizon, at any time, has
provided or offered to provide to New Edge on an unbundled basis
pursuant to 47 U.S.C. § 251 (c)(3) and/or 47 C.F.R. Part 51 (whether
under the Agreement, a Verizon tariff, or a Verizon SGAT), but which
by operati of law has ceased or ceases to be subject to an
unbundling requirement under 47 U.S.C. § 251 (c)(3) or 47 C.F.R Part
51. By way of example and not by way of limitation, Discontinued
Facilties include the following, whether as stand-alone facilities or
combined with other facilities: (a) any Entrance Facilty; (b) any type
of switching, including, but not limited to, Local Switching; (c) OCn
Loops and OCn Dedicated Transport; (d) DS1 Loops or DS3 Loops
out of any wire center at which 47 U.S.C. § 251 (c)(3) or 47 C.F.R Part
51 does not require Verizon to provide New Edge with unbundled
access to such Loops; (e) Dark Fiber Loops; (f) any DS1 Loop or DS3
Loop that exceeds the maximum number of such Loops that Verizon is
required by 47 U.S.C. § 251 (c)(3) and 47 C.F.R Part 51 to provide to
New Edge on an unbundled basis at a particular building location; (g)
DS1 Dedicated Transport, DS3 Dedicated Transport, or Dark Fiber
Transport on any route as to which 47 U.S.C. § 251 (c)(3) or 47 C.F.R
Part 51 dos not require Verizon to provide New Edge with unbundled
access to such Transport; (h) any DS1 Dedicated Transport-circuit or
DS3 Dedicted Transport circuit that exceeds the number of such
circuits that Verizon is required by 47 U.S.C. § 251 (c)(3) and 47 C.ER.
Part 51 to provide to New Edge on an unbundled basis on a particular
route; (i) the Feeder portion of a Loop; ü) Line Sharing; (k) any Call-
Related Database other than the 911 and E911 databases; (I)
Signaling; (m) Shared Transport; (n) FTP Loops (lit or unlit) in a new
build environment; (0) FTTP Loops (lit or unlit) in an overbuild
environment, subject to the limited exceptions set forth in Section 3.1
above; (p) Hybrid Loops (subject to the limited exceptions set forth in
New Edge 10 TRRO Amendment 061110 14
Section 3.2 above); and (q) any other facility or class of facilties as to
which the FCC has not made a finding of impairment that remains
effective or as to which the FCC makes (or has made) a finding of
non impairment.
4.7.6 Distribution Sub-Loop Facilty. The copper portion of a Loop in
Verizon's network that is between the minimum point of entry
("MPOE") at an end user customer premises and Verizon's
feeder/distribution interface.
4.7.7 DS1 Dedicated Transport. Dedicated Transport having a total digital
signal speed of 1.544 Mbps.
4.7.8 DS3 Dedicated Transport. Dedicated Transport having a total digital
signal speed of 44.736 Mbps.
4.7.9 DS1 Loop. A digital transmission channel, between the main
distribution frame (or its equivalent) in an end usets serving wire
center and the demarcation point at the end user customer's premises,
suitable for the transport of 1.544 Mbps digital signals. This loop type
is more fully described in Verizon TR 72575, as revised from time to
time. A DS1 Loop requires the electronics necessary to provide the
DS1 transmission rate. DS1 Loops are sometimes also known as DS1
"Links".
4.7.10 DS3 Loop. A digital transmission channel, between the main
distribution frame (or its equivalent) in an end user's serving wire
center and the demarcation point at the end user customer's premises,
suitable for the transport of isochronous bipolar serial data at a rate of
44.736 Mbps (the equivalent of 28 DS1 channels). This Loop type is
more fully described in Verizon TR 72575, as revised from time to
time. A DS3 Loop requires the electronics necessary to provide the
DS3 transmission rate. DS3 Loops are sometimes also known as DS3
"Links".
4.7.11 Entrance Facilty. A transmission facilty (li or unlit) or service
provided between (i) a Verizon wire center or switch and (ii) a switch
or wire center of New Edge or a third part.
4.7.12 Feeder. The fiber optic cable (lit or unlit) or metallc portion of a Loop
between a serving wire center and a remote terminal or
feeder/distribution interface.
4.7.13 FTIP Loop. A Loop cosisting entirely of fiber optic cable, whether
dark or lit, that extends from the main distribution frame (or its
equivalent) in an end user's serving wire center to the demarcation
point at the end usetscustomer premises or to a serving area
interface at which the fiber optic cable connects to copper or coaxial
distribution facilities that extend to the end user's customer premises
demarcation point, provided that all copper or coaxial distribution
facilties extending from such serving area interface are not more than
500 feet from the demarcation point at the respective end users'
customer premises; provided, however, that in the case of
predominantly residential multiple dwellng units (MDUs), an FTP
Loop is a Loop consisting entirely of fiber optic cable, whether dark or
lit, that extends from the main distribution frame (or its equivalent) in
New Edge 10 TRRO Amendment 061110 15
the wire center that serves the multiunit premises: (a) to or beyond the
multiunit premises' minimum point of entry (MPOE), as defined in 47
C.F.R § 68.105; or (b) to a serving area interface at which the fiber
optic cable connects to copper or coaxial distribution facilties that
extend to or beyond the multiunit premises' MPOE, provided that all
copper or coaxial distribution facilities extending from such serving
area interface are not more than 500 feet from the MPOE at the
multiunit premises.
4.7.14 (This Section Intentionally Left Blank).
4.7.15 Hybrid Loop. A local Loop composed of both fiber optic cable and
copper wire or cable. An FTTP Loop is not a Hybrid loop.
4.7.16 Line Sharing. The process by which New Edge provides xDSL service
over the same copper Loop that Verizon uses to provide voice service
by utilzing the frequency range on the copper loop above the range
that carries analog circuit-switched voice trnsmissions (the High
Frequency Portion of the Loop, or "HFPL "). The HFPl includes the
features, functions. and capabilties of the copper Loo that are used
to establish a complete transmission path between Verizon's main
distribution frame (or its equivalent) in its serving Wire Center and the
demarcation point at the end user's customer premises.
4.7.17 Local Switching. The line-side and trunk-side facilties associated with
the line-side port, on a circuit switch in Verzon's network (as identied
in the LERG), plus the features, functions, and capabilities of that
switch, unbundled from loops and transmission facilties, including: (a)
the line-side Port (including the capabilty to connect a Loop
termination and a switch line card, telephone number assignment, dial
tone, one primary directory listing, pre-subscription, and access to
911); (b) line and line group features (including all vertcal features and
line blocking options the switch and its associated deployed switch
softare are capable of providing that are provided to Verizon's local
exchange service Customers served by that switch); (c) usage
(including the connetion of lines to lines, lines to trunks, trunks to
lines, and trunks to trunks); and (d) trunk features (including the
connection between the trunk termination and a trunk card).
4.7.18 Packet Switched. Routing or forwarding of packets, frmes, cells, or
other data units based on address or other routing information
contained in the pacets, frames, cells or other data units, or functions
that are performed by the digital subscriber line access multiplexers,
including but not limited to the abilty to term.inate an end~l.ser
customer's copper loop (which includes both a low-band voice
channel and a high-and data channel, or solely a data channel); the
abilty to forward the voice channels, if present, to a circuit switch or
multiple circuit switches; the abilty to extract data units from the data
channels on the Loops; and the ability to combine data units from
multiple Loops onto one or more trunks connecting to a packet switch
or packet switches.
4.7.19 Signaling. Signaling includes, but is not limited to, signaling links and
signaling transfer ponts.
New Edge 10 TRRO Amendment 061110 16
4.7.20
4.7.21
Sub-Loop for Multiunit Premises Access. Any portion of a Loop, other
than an FTP Loop, that is technically feasible to access at a terminal
in Verizon's outside plant at or near a multiunit premises. It is not
technically feasible to access a portion of a Loop at a terminal in
Verizon's outside plant at or near a multiunit premises if a technician
must access the facilty by removing a splice case to reach the wiring
within the cable.
Tandem Switching. The trunk-cnnect facilties on a Verizoo circuit
switch that functions as a tandem switch, plus the functions that are
centralized in that switch, including the basic switching function of
connecting trunks to trnks, unbundled from and not contiguous with
loops and transmission facilities. Tandem Switching creates a
temporary transmission path between interoffce trunks that are
interconnected at a Verizon tandem switch for the purpose of routing a
call. A tandem switch does not provide basic functions such as dial
tone service.
New Edge 10 TRRO Amendment 061110 17
IN WINES WHEREOF, the Part here hav case this Amendment to be 9Xecte as of
the Amenment Effec Date.
NEW EDGE NETWORK, INC. D/BA NEW EDGE VERIZON NORTHST INC.
NElORKS
By iYr1 -By:r¡12VY
Printe: Cardl M Prlnz Prnted: Jennifer Ross
Titl: President Ti: Director -Intrcnne
New Edge 10 TRRO Amendmen 061110 18
Pricing Attachment
1. General
1.1 As used in this Attachment:
1.1.1 "Services" means and includes any Network Element or other service, facilty,
equipment or arrangement, provided pursuant to this Amendment; and.
1.1.2 "Charges" means the rates, fees, charges and prices for a Service.
1.2 Charges for Services provided under the Amended Agreement shall be those set forth in
Exhibit A of this Pricing Attachment and in the Amended Agreement (including any cross
references therein to applicable tariffs). For rate elements provided in Exhibit A of this
Pricing Attachment that do not include a Charge, if any, whether marked as ''TBD'' or
otherwise, Verizon is developing such Charges and has not finished developing such
Charges as of the Amendment Effective Date. When Verizon finishes developing such
a Charge, Verizon shall notify New Edge in writing of such Charge in accordance with,
and subject to, the notices provisions of the Amended Agreement and thereafter shall
bil New Edge, and New Edge shall pay to Verizon, for Services provided pursuant to
this Amendment on the Amendment Effective Date and thereafter in accordance with
such Charge. Any Charges set out in a notice provided by Verizon to New Edge
pursuant to this Section 1.2 shall be deemed to be a part of Exhibit A of this Pricing
Attachment immediately after Verizon sends such notice to New Edge and thereafter.
1.3 In the absence of Charges for a Service established pursuant to Section 1.2 of this
Attachment, the Charges for the Service shall be the Charges required, approved, or
otherwise allowed to go into effect, by the Idaho Public Utilties Commission or the FCC
(including, but not limited to, in a tariff that has been filed with the Idaho Public Utilties
Commission or the FCC), provided such Charges are not subject to a stay issued by any
court of competent jurisdiction.
1.4 In the absence of Charges for a Service established pursuant to Sections 1.2 through
1.3 of this Attachment, the Charges for the Service shall be mutually agreed to by the
Parties in writing.
New Edge 10 TRRO Amendment 061110
EXHIBIT A1
ENGINEERING QUERY
ENGINEERING WORK ORDER
EXPEDITE ENGINEERING QUERY'
EXPEDITE ENGINEERING WORK ORDER'
LINE AND STATION TRANSFER
CLEAR DEFECTIVE PAIR
REASSIGNMENT OF NON.WORKING CABLE PAIR
BINDER GROUP REARRANGEMENT
REPEATER . INSTALLATION
APPARATUS CASE. INSTALLATION
RAGE EXTENDERS. DS.O Installation
RANGE EXTENDERS. DS.1 Installation
CHANNEL UNIT TO UNIVERSAUCOTTED DLC SYSTEM
SERVING TERMINAL . INSTALLATION / UPGRAE
ACTIVATE DEAD COPPER PAIR
MULTIPLEXER .1/0 . INSTALLATION
MULTIPLEXER. i/O . RECONFIGURATION
MULTIPLEXER. 3/1 . INSTALLATION
MULTIPLEXER. 3/1 . RECONFIGURATION
MULTIPLEXER. OTHER . INSTALLATION
MOVE DROP
CROSS-eONNECTION. EXISTING FIBER FACIUTY
LINE CARD . INSTALLATION
COPPER REARRANGEMENT
CENTRAL OFFICE TERMINAL . INSTALLATION
IDLC ONLY CONDITION
OTHER REQUIRED MODIFICATIONS
$
$
$
$
$
$
$
$
$
$
$
$
$
183.99
94.40
41.67
27.94
272.35
272.35
272.35
529.77
1,597.10
2,992.81
809.72
809.72
170.30
Time and Material
199.90
12,211.41
170.30
26,981.19
382.34
Time and Material
109.28
34.93
314.63
482.90
35,307.87
36,847.28
Time and Material
$
$
$
$
$
$
$
$
$
$
$
OTHER
Commingled Arrangements - per circuit NRC
Conversion. Service Order
Conversion. Installation per circuit
Circuit Retag . per circuit
$
$
$
$
SO.OO
19.33
7.27
59.43
1 This Exhibit may contain rates and charges for (and/or refrence) services, facilties, arrngements an the like that Veózon does not have
an obligation to provide under the Amended Agrement (e.g., services, facilties, arrangements and th like for which an unbundling
requirement does not exist under 47 U.S.C. Section 251 (c)(3)). Notwithstanding any such rates and/or charges (and/or references) and, forthe avoidance of any doubt, nothing in this Exhibit shall be deemed to require Verizon to provide a serice, facility, arrangement or the like
that the Amended Agreement does not require Verizon to provide, or to provide a service. facilty, arrngement or the like upon rates, terms
or conditions other than those that may be required by the Amended Agreement.
2 Engineeóng Query Charges apply in addition to charges for actual netwrk modification and Engineerng Work Order charges where
applicable.
3 Engineering Work Order Charges apply in addition to chares for actual network modiftion and Engineering Query charges where
applicable.
4 Expedite Charges apply in addition to other listed rates.
New Edge 10 TRRO Amendment 061110 2
DARK FIBER
Dark Fiber Routine Network Modifications
New Edge 10 TRRO Amendment 061110 3
Time and Material